HomeMy WebLinkAboutZoning - Property located Bowen Dr & High Street ORDINANCE No. 7764-87
Passed by the Common Council of the City of South Bend, Indiana_
June 8, 19 87
Attest: 4,2--t-e- 7C.— 7/ City Clerk
IRENE K. GAMMON
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Atteyel-d_- I (�- - President of Common Council
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Presented by me to the Mayor of the City of South Bend, Indiana
June 9, 87
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City Clerk
IRENE K. GAMMON
Approved and signed me J,))n e, ( z
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ORDINANCE NO. / - '
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT
BOWEN DRIVE & HIGH STREET
IN THE CITY OF SOUTH BEND, INDIANA
BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana:
Section I . Ordinance No. 4990-68 , as amended, which
ordinance is commonly known as the Zoning Ordinance of the City
of South Bend, Indiana, be and the same hereby is amended in
order that the zoning classification of the following described
real estate in the City of South Bend, St . Joseph County, State
of Indiana:
A parcel of land being a part of the Southeast Quarter of Section 25, Township 37
North. Range 2 East, City of South Bend, Cenntre Township, St. Joseph County, Indiana and
being more particularly described as follows:
Beginning at a point on the East line of said Southeast Quarter, a distance of 350.00
feet South 0-00'00" East of the Northeast corner of said Quarter Section: thence
continuing South 0-00'-00" East, along said East line, a distance of 206.45 feet: thence
South 88-38'-01" West, a distance of 420.22 feet; thence South 0-00'-07" West a distance
of 232.29 feet to the South right-of-way line of Bowen Street; thence North 88-35'-32"
East, along s.id South right-of-way line, a distance of 143.75 feet to a point of curvature;
thence Southeasterly along a curve to the right having a radius of 170.51, a central angle
of 21-44'-18" and limited In length by a chord of 64.31 feet that bears South 80-32'-19"
East to a point of tangency; thence South 69-40'-10" East, a distance of 15.00 feet to a
point of curvature: thence Southeasterly along a curve to the left having a radius of 384.15
feet, a central angle of 21-44'-18" and limited in length by a chord of 144.88 feet that
bears South 80-32'-19" East to a point of tangency; thence North 88-35'-32" East, a
distance of 56.01 feet to a point on said East line of the Southeast Quarter that is 834.72
feet South 0-00'-00" East of the Northeast corner thereof; thence South 0-00'-00" East,
along said East line, a distance of 244.35 feet to its intersection with the Easterly
protection of the North line of the Recorded Plat of Harold C. Widener's 1st Addition;
thence South 88-38'42" West, along said North line and its projection, a distance of
1536.06 feet: thence North 0-00'-00" West, parallel with said East line of the Southeast
Quarter. a distance of 521.84 feet to the North line of a 60 foot roadway: thence North
88-37'50" East, along said North line, a distance of 310.94 feet to the West right-of-way
line of High Street, a 60 foot right-of-way; thence North 0-00'-09" East, along said West
right-of-way line, a distance of 189.05 feet to the South right-of-way line of Hawbaker
Street. a 60 foot right-of-way; thence South 89-59'-51" East, a distance of 60.00 feet to a
point on the East right-of-way line of said High Street; thence South 0-00'-09" West along
said East right-of-way line, a distance of 36.56 feet; thence North 88-37 -50" East, a
distance of 210.70 feet; thence North 0-00'-09" East, a distance of 404.95 feet to a point
on the North line of said Southeast Quarter; thence North 88-37'-49" East, along said
North line, a distance of 264.00 feet; thence South 0-00'-09" West, a distance of 230.45
feet; thence North 88-37'-49" East. parallel with said North line, a distance of 240.69
feet; tnence South 0-02'-42" West, a distance of 119.52 feet; thence North 88-38'-09"
East, a distance of 450.27 feet to the place of beginning containing 24.26 acres more or
less.
•
Subject to the legal rights of public highways and any easements, covenants or
restrictions of record.
be and the same is hereby established as C-2 , Height and Area
"E"
Section II . This ordinance shall be in full force and
effect from and after its passage by the Common Council , approval
Date Filed: Application No. :
Date received by the Area Plan Commission:
I the undersigned make application and petition the Common
Council of the City of South Bend, Indiana to amend the zoning
ordinance as herein requested.
1) The property sought to be rezoned is located at:
Bowen Drive and High Street
South Bend, Indiana
2) Name and address of property owner(s) of the petition site:
Dr. Robert R. Allen Standard Federal Bank
926 E. LaSalle c/o Richard D. Buatti
South Bend, IN 46617 2401 W. Big Beaver Rd.
232-4716 Troy, MI 48084
313-643-9600
St. Joseph Bank & Trust
c/o Real Estate Department City of South Bend
P.O. Box 6 County-City Building
South Bend, IN 46624 South Bend, IN 46601
McDonald Corporation Lester Sumrall Evangelistic
c/o Ruby Rubinowicz Assoc, Inc.
6415 Castleway Drive West 530 E. Ireland Road
Indianapolis, IN 46250 South Bend, IN 46614
317-849-7950 291-3292
3) Name and address of contingent purchaser:
Chris Davey, et . al .
227 S. Main Street, Suite 300
South Bend, IN 46601
4) It is desired and requested that this property be rezoned
from A, C, C-1 and C-2 , "A" Height & Area
to C-2 , "E" Height & Area
5) This rezoning is requested to allow the following use(s) :
Community Shopping Center
6) Attached is a copy of (a) legal description of the proper-
ties; (b) a list of names and addresses of all property
owners within 300 feet of the petition property; (c) five (5)
site plans; and (d) addressed, stamped envelopes for all
property owners within 300 feet of the petition property.
7) By signing this petition, I and any contingent purchaser
understand that if the Council approves this petition to
rezone, it may be approved subject to the submittal of a
final site plan. A final site plan must be submitted to the
Area Plan Commission within one ( 1 ) year of the Council 's
action. Failure to submit a final site plan within that time
period, causes the zoning of the petitioned property to
revert to the initial zoning classification. Time extensions
on the submittal of the final site plate may be requested.
February 4, 1987
DESCRIPTION:
A parcel of land being a part of the Southeast Quarter of Section 25, Township 37
North, Range 2 East, City of South Bend, Centre Township, St. Joseph County, Indiana and
being more particularly described as follows:
Beginning at a point on the East line of said Southeast Quarter that is 350.00 feet
South 0-00'-00" East of the Northeast corner thereof; thence South 0-00'-00" East, along
said East line, a distance of 206.45 feet; thence South 88-38'-50" West, parallel with the
North line of said Southeast Quarter, a distance of 420.00 feet; thence South 0-00'-00"
East, parallel with said East line,a distance of 173.27 feet to the Northerly right-of-way
line of Bowen Street, a 60 foot right-of-way; thence Westerly along said Northerly
right-of-way line,a distance of 48 feet more or less to its intersection with the Northerly
projection of the West line of a parcel of land conveyed to St. Joseph Bank and Trust
Company by Warranty Deed recorded in Deed Record 805, Page 394 et sequitur in the office
of the Recorder of St. Joseph County, Indiana; thence Southerly, along said West line, a
distance of 174.62 feet, more or less, to the Southwest corner of said St. Joseph Bank and
Trust Company parcel of land; thence Easterly, a distance of 23 feet to the Northwest
corner of a parcel of land coveyed to Franchise Realty Corporation by Warranty Deed
recorded in Deed Record 804, Page 280 in said Recorder's office; thence South 0-00'-00
East, parallel with the said East line of said Southeast Quarter and along the West line of
said parcel, a distance of 173.72 feet to the North line of Widener's Addition, an
Unrecorded Subdivision; thence South 88-37'-38" West along said North Line and the North
line of Harold C. Widener's First Addition, Unit "A" to the Southeast corner of a parcel of
land conveyed to Lester Sumrall Evangelistic Association, Inc. by Warranty Deed recorded
as instrument number 8010363 in said Recorder's office; thence North 0-00'-00" East,
along the East line of said property, a distance of 461.9 feet to a corner thereof; thence
North 88-38'-50" East, along a Southerly line of said Sumrall property, a distance of
371.04 feet to a point on the East right-of-way line of High Street, a 60 foot
right-of-way; thence North 0-00'-00" East, along said East right-of-way line, to the
South line of a parcel of land conveyed to Slenderform/Universal Health Spas, Inc. by
Warranty Deed recorded as instrument number 7810741 in said Recorder's office; thence
Easterly, along the South line of said parcel to the Southeast corner thereof; thence
Northerly along the East line of said parcel, a distance of 174.55 feet to its intersection
with the Westerly projection of the South line of a parcel of land known as "Parcel I"
conveyed to Standard Federal Savings and Loan Association by Sheriff's Deed recorded as
instrument number 8406566 in said Recorder's office; thence Easterly, parallel with the
North line of said Quarter Section to a point on the West line of property conveyed to
Indiana Bell Telephone Company, Inc. by Warranty Deed recorded in Deed Record 629, page
412 in said Recorder's office; thence Southerly, parallel with the East line of said Quarter
Section, a distance of 119.55 feet to the Southwest corner of said parcel; thence Easterly
along the South line of said parcel and its Easterly projection, a distance of 450.00 feet to
the place of beginning.
V •
AREA PLAN COMMISSION RICHARD S. JOHNSON I 1-41
OF ST. JOSEPH COUNTY, IN Executive Director
Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571
May 20, 1987
The Honorable Common Council
City of South Bend
County-City Bldg. - 4th Floor
South Bend, In 46601
RE: A proposed ordinance and site development plan of Dr. Robert R. Allen, et
al to zone from "A" Residential, "A" Height and Area; "C" Commercial, "A"
Height and Area; "C-1" Commercial, "A" Height and Area and "C-2", Planned
Shopping Center, "A" Height and Area to "C-2" Planned Shopping Center, "E"
Height and Area, property located at Bowen Drive and High Street, City of
South Bend APC #1079-87
Gentlemen:
The above referenced ordinance and site development plan of Dr. Robert R.
Allen, et al was legally advertised May 8 and May 9, 1987. The Area Plan
Commission gave it a public hearing on May 19, 1987; at which time the
following action was taken:
Upon a motion by Joseph Zappia, being seconded by Dean
Speicher with Robert Lehman and Rene Vandewalle voting
"nay" and carried, the proposed ordinance and site
development plan of Dr. Robert R. Allen, et al to zone
from "A" Residential, "A" Height and Area; "C"
Commercial, "A" Height and Area; "C-1" Commercial, "A"
Height and Area and "C-2", Planned Shopping Center, "A"
Height and Area to "C-2" Planned Shopping Center, "E"
Height and Area, property located at Bowen Drive and
High Street, City of South Bend is sent to the Common
Council with no recommendation
PLEASE NOTE that the Ordinance has been amended by the petitioner to include a
legal description different than that used for the Common Council's first
reading. The amended Ordinance was the Ordinance legally advertised and heard
by the Area Plan Commission.
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN
May 20, 1987
The Honorable Common Council
Page Two
The deliberations of the Area Plan Commission and points considered in arriving
at the above decision are shown in the minutes of the public hearing, and will
be forwarded to you at a later date to be made a part of this report.
Attached, for your consideration in the review of this matter, is a copy of the
Area Plan Commission's Staff Report.
Sincerely,
Richard S. Johnson
RSJ/sr
Attachment
CC: Dr. Robert R. Allen
Standard Federal Bank
City of South Bend
Chris Davey
Richard Morgan
St. Joseph Bank & Trust
McDonald Corporation
Lester Sumrall Evangelistic Assoc. Inc.
STAFF REPORT
DR. ROBERT R. ALLEN #1079-87 May 8, 1987
Bowen Drive and High Street
City of South Bend
REQUESTED ACTION: The petitioners are requesting a zone change from
"A" Residential , "C" Commercial . "C-1" Commercial
and "C-2" Planned Shopping Center, all "A" Height
and Area to "C-2" Planned Shopping Center , "E"
Height and Area.
EXISTING LAND USE: The property contains a McDonald 's Restaurant, St.
Joseph Bank Branch, small retail stores and vacant
land.
SURROUNDING .LAND USE Amp ZONING: Located to the north along Ireland are several
business establishments zoned "C" Commercial , to
the east is Scottsdale Mall zoned "C-2" Planned
Shopping Center, to the south are single-family
homes and vacant land zoned "A" Residential and to
the west is Lester Sumrall 's Christian Center and
World Harvest Bible College zoned "A" Residential
and single-family homes zoned "B" Residential .
ACCESS: Access to the site will be from High Street and
Miami Road.
DRAINAGE; The drainage has been addressed by the
petitioners.
DATA: The total site to be rezoned is 23.9 acres. Of
that, the buildings will occupy 189,540 square
feet , . or 18.27. of the site; the parking and drives
will occupy 528,000 square feet, or 50. 7% of the
site, and 323,544 square feet or 31 . 1; of the site
will remain as open space and retention pond area.
SITE PLAN: The site plan is preliminary.
AGENCY COMMENTS: The City Engineer made the following comments:
"1. City water and sanitary sewer are
available to site.
2. Storm water drainage must accommodate
and meet necessary run-off conditions.
3. The proposed development will be a high
traffic generator. This will require
developer to install new traffic control
at Ireland & High Street as per Cole
Engineer_ Traffic study.
4. Drainage plan to be in accord as
outlined in Cole Engineering hydraulic
study. "
The City Building Commissioner made the
following comments:
" 1 . A Board of Zoning Appeals request must
be filed since some of the building
lines encroach upon the 100 ' buffer
area. Ref : 21"'28.
2. Loading areas are defined in 21-17 which
states that the area of the loading site
shall be 50' in depth, 12' in width and
14' clearance.. The site plan loading
areas do not meet this requirement.
3. Since there are no dry wells in the
parking areas, how will the water from
the buildings drain?
4. Section 21-24 states, no boundary line
shall be less than 100' in length. A
60' boundary line is shown, a violation.
5. We are concerned that a problem and
bottle neck exists at the northern edge
of the internal driveway leading to the
parking area on Ireland and suggest it
be reviewed.
6. A traffic stop sign should be placed at
the southern end of the internal
driveway from Ireland leading into the
new large parking lot. This
intersection could be trouble with both
North/South and East/West traffic. "
STAFF COMMENTS: 1. A Board of Zoning Appeals request must be
filed since the parking areas adjacent to
Residential districts are less than the 30
foot minimum setback as required by Ordinance.
(21-28C) .
2. Petitioner needs to address signalization
of the Ireland Road-High Street
intersection concerning time period for
installation and who is to pay for it.
3,. Need approval of the drainage plan for the
' project by the City Engineer.
4. The turn-around easement for City trucks
shown on the site plan will need to be
described by a written legal description
which shall be recorded and a copy
submitted to the Area Plan Commission for
their file.
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REZONING FROM "A" RESIDENTIAL, "A" HEIGHT AND AREA AND
"C" COMMERCIAL, "A" HEIGHT AND AREA AND I
"C-1 " COMMERCIAL, "A" HEIGHT AND AREA AND
"C-2" COMMERCIAL, "A" HEIGHT AND AREA
TO: "C-2" COMMERCIAL, "E" HEIGHT AND AREA
PETITION AREA J 1 APC #1079-87
CITY ZONING
"A" RESIDENTIAL 1 I
"B" RESIDENTIAL ,:
"C" COMMERCIAL
"C-2" COMMERCIAL "FF'I'FFFF
May 19, 1987
AREA PLAN COMMISSION PUBLIC HEARING
RE: A.P.C. #1079-87
As a result of information from the Area Planning Committion Office
regarding a proposed ordinance and site development plan of Dr. Robert R.
Allen to change zoning and request other variances, a number of Widener
Lane residents have met and are responding with the following comments:
Traffic problem on Widener Lane. Widener Lane has experienced quite
an increase in traffic over the past few years. This street is not capable
of handling its present traffic and with the addition of this new shopping
center, it is felt traffic will increase. This is hazardous for the children
living in the area as well as adults. One resident has experienced twelve
auto accidents on her property alone. There was a suggestion that a request
be made, closing Widener at Miami, making a Cul-de-sac with access on Fellows.
Buffer area. Spell out exactly what is the 100' buffer area. Neighbor-
hood is requesting that at least 30 feet of woods remain as well as appropriate
fencing. It should be established, fencing will be appropriately maintained
in an appealing manner. Residents request that a mound not be established
as indicated in the plan. It is felt that a mound could create great
problems for drainage as several of the homes have walk-out basements.
Residents are upset with current problems which have arisen since
McDonald's has opened. Heavy traffic in the area to closing time, then
by 4:30 a.m. delivery trucks start arriving adding to the noise and pollution.
McDonald's management has not been cooperative with Widener residents.
The blight of the rear of the Broadmoor Shopping Center is of great
concern. Residents would like to be assured they will not be faced with
a similar situation. (Pictures are attached.) In this regard a suggestion
was made to reposition the plan so that the stores would back up against
China Garden and other retail outlets and leave most of the woods bordered
by the parking lot. It was noted the rear of that plaza is also undesirable.
Neighbors are also unhappy with recent changes in their living area
due to the expansion of the Christian Center. Promises regarding fencing,
landscaping, etc. have not been fulfilled. (Pictures of this are also
attached. )
Variances. Numerous variances have been requested to prepare for this
center. It is requested that no variances from approved city ordinances be
granted, particularly those having to do with drainage and the holding
basin. It is especially important that drainage not be directed to the
residential area. Also, that water remaining in the basin not be allowed
to become stagnant.
Residents feel the area will be subject to increased lack of security,
pollution, bright lights, noise and as a result decreased property values
not conducive to good family living. It is of prime importance that due
to asthmatic conditions of several residents no burning be allowed.
Residents are very aware of many vacancies at Scottsdale Mall and
wonder why the new plan is even being considered. And the many unsuccessful
ventures at the Ireland Road Plaza do not seem to be conducive to good business
planning.
In conclusion we wish to say we have submitted the above suggestions and
alternatives to the plan but the below signed residents would prefer not to
have the shopping mall. It is felt that some serious thought should be given
to preserving a natural woods in lieu of commercial progress.
Respectfully submitted,
Widener Lane residents
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_Frank S. Palfi Mary Be4akovich
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Bernard B. Williams #(_,k(.6- `-- n `' 1'�die,'
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Hildred R. Widener
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Randy St,
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W.Ired Mayers - _'Pit-c;.: C(feyAG`,a;-t/_ -
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